Legal Question in Real Estate Law in Massachusetts
easement violations
The repair garage adjacent to my 3 flat in Boston has an easement for ingress and egress as well as the right to park two motor vehicles in my parking lot at the rear of my 3 flat. Previously they were the owners on my apartment building. However, when the owner died and his son took over the business 2 years ago, the son expanded the business and now parks 6-8 cars a day there and sometimes has 10-12 cars there. He also put a dumpster on my lot. This has made it difficult for myself and my tenants to park as all the spaces are taken and on occassion our cars are blocked in. If the garage is open we have to walk over and inform them to move the cars which takes 15 minutes. But in the evening when owners drop of their cars for repairs the next day, the garage is closed and we have no way to move the cars. How can we stop this excess use of my lot and get rid of the dumpster? Could I have these cars towed without getting in trouble? Also is it possible to have him agree to a lease to rent additional spaces since he really has no other option for his business?
6 Answers from Attorneys
Re: easement violations
As has been mentioned, it is important to read the language of the deed, to determine the exact parameters of the grant or retained rights.
In some cases, the retained right may be only a license, personal to the grantor, though it may not be the case here.
If the language only allows the parking of two cars, you may be in a position to designate where the cars have to be parked, and then inform the business owner that he will either have to pay for additional spaces (up to whatever limit is acceptable to you and in conformance with zoning requirements and any existing tenant's leases) or you will have the vehicles towed at his risk and expense. You will likely need to post the property so that everyone is on notice of your rights. You should consult with an attorney. Please feel free to contact me if you wish to pursue the matter.
Re: easement violations
You should have an attorney review the easement and then send a letter instructing the violator to cease and desist from over burdening the easement. If he does not comply, you can sue him and stop him from taking such action. If you want to enter into a lease agreement and it is permitted by the zoning ordinance, you may be able to rent him additional parking use.
Please feel free to contact me if you have more questions.
Re: easement violations
He is not allowed to over burden the easement by parking more cars then is allowed on the easement area.
I would need to see a copy of the recorded easement to answer further
Re: easement violations
He is not allowed to over burden the easement by parking more cars then is allowed on the easement area.
I would need to see a copy of the recorded easement to answer further
Re: easement violations
There are legal restrictions on how the garage owner may use his rights in the granted easement. You may start by reviewing the actural grant of easement. You may also wish to engage a lawyer to ccoreect this situation for you.
Any new agreement should be in writing.
Re: easement violations
You should have the recorded easement reviewed to determine your rights.
You should try to come to some understanding in writing with the new owner (perhaps involving a monthly rental fee for use of the parking spaces).
If that does not work, or if payment is not made, then an order of the court may be sought to remove all vehicles and other materials together.
Please feel free to contact my office. I am located in Quincy.
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